In re J.R. CA5

FACTS: HEARING ON THE MOTION TO SUPPRESS

Officer Gonzales On November 4, 2013, Officer Gonzales, the primary investigator on the case, was dispatched after the mother called the police department. The mother told Officer Gonzales the victim had been molested by her brother, J.R. The victim told Officer Gonzales that J.R. had coaxed her into the bedroom by telling her he had a surprise for her. When she came in, he said, “‘Ha-ha. I fooled you. I don’t—there’s not a surprise.’” She tried to leave, but he prevented her. He pushed her onto the bed. He pulled down her pants and underwear to her knees. As she lay on her back, he straddled her and held her arms with his hands. She heard him pull down his shorts and underwear. Then he put “his thing in her butt.” Gonzales established that she was referring to J.R.’s penis. J.R. moved forward and backward with his penis “in her butt.” She was scared and she told him either no or stop. This incident lasted about 60 seconds until J.R. got off her and pulled up his clothing. The victim pulled up her clothing and left the room. She told Officer Gonzales she had been molested by J.R. multiple times. Once, after he finished, her buttocks felt…